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NeCede's

Maxim 1.7.32

The law sometimes follows equity.

Lex aliquando sequitur aequitatem.

Source: 3 Wils. 119 Difficulty 2/5 — Approachable

Explanation

Where strict law and equity diverge, the law bends toward the equitable result — rigidity in the law is tempered by the demands of justice.

Where this applies

  • Strict law would produce an unjust result, so the court follows equity instead.
  • A case where rigid rules must bend to achieve fairness.

Legal domains

See also

Cite this maxim

NeCede Max. 1.7.32 — The law sometimes follows equity. — 3 Wils. 119 (Lex aliquando sequitur aequitatem.)

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